Amend police conduct rules to punish those harassing LGBTQIA+ community, govt told

Reiterating that the lack of awareness could not be an excuse to any form of discrimination, the Madras High Court directed the State government to amend the Tamil Nadu Police Conduct Rules and provide for punishment if any personnel harasses people belonging to LGBTQIA+ community or the NGOs assisting them.

Observing that the absence of internal communication and hierarchical orders was no excuse to deny protection to the community that is vulnerable, and susceptible to threat and harassment, Justice N Anand Venkatesh said, “A specific clause is to be added in the Police Conduct Rules specifically providing that any harassment by the police to the persons belonging to the LGBTQIA+ community and/ or to the activists and NGO workers, will be treated as misconduct and will entail a punishment for such misconduct.”

The court also took exception to some cases of misreporting and insensitivity demonstrated by the media in publishing reports about persons belonging to the community. It pointed out that media’s insensitive commentary and ridiculing with dramatic words, though not new, could not be normalised.

“The reportage of the most intimate and personal aspects of an individual’s identity by the contemporary vernacular media is deeply problematic. It not just reflects the pre-existing harmful stigmatisation of the community, but also perpetuates it,” said the judge.

“Stigmatising, inaccurate and inherently unscientific phrases are rooted in queerphobia and cannot be tolerated or entertained any further.

It is high time journalists stick to sensitive and inclusive terms on the gender spectrum,” he added.

Also, citing the instance of a psychiatrist prescribing medicines for a gay person and also referring the person to a psychotherapist for Cognitive Behavioural Therapy for M2M behaviour, Justice Venkatesh said, “The episode reflects how queerphobia is being reaffirmed as legitimate throughout the education of a doctor who might go on to become a psychiatrist, or any physician who might be approached by a person from the community.”

The court then directed the Additional Solicitor General to bring such aspect to the notice of the National Medical Commission and Indian Psychiatric Society, and direct them also to file a report as to how they were going to handle this issue in future by carrying out necessary changes in the curriculum.

The court also sought the State to be a role model to create a favourable atmosphere to persons belonging to the LGBTQIA+ community, and directed it to keep the court’s expectation in mind while filing the compliance/status report before the court by October 10.

State should emerge as a role model to create a favourable atmosphere to persons belonging to the LGBTQIA+ community

— Justice N Anand Venakatesh, Madras High Court